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Madras High CourtWP/32062/2023disposed of

J.Shums Tabrez v. The District Collector

2023-11-09Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN J.Shums Tabrez ... Petitioner Vs.

1. The District Collector, Collectorate Building, Krishnagiri District - 635 001.

2. The District Revenue Officer, First Floor, Collectorate Building, Krishnagiri District - 635 001.

3. The Tahsildar, Taluk Office, Hosur Taluk, Krishnagiri District - 635 109.

4. The Revenue Divisional Officer, Revenue Divisional Office, Hosur Taluk, Krishnagiri District - 635 109.

5. Basha ... Respondents

PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to conduct an enquiry in respect of the fraudulent name transfer in the patta bearing Patta No.833 based upon the petitioner's representation dated 13.03.2023.

For Petitioner : Mr.M.Mohamed Muzammil For R1 to R4 : Mr.V.Veluchamy Additional Government Pleader

O R D E R

The Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents 1 to 4 to conduct an enquiry in respect of the fraudulent name transfer in the Patta No.833 based upon the petitioner's representation dated 13.03.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record.

3. Since there is no adverse order passed against the private respondent, notice to the private respondent/R5 is dispensed with.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the third respondent to consider the petitioner's representation dated 13.03.2023 after affording opportunity and issuing notice to the petitioner, fifth respondent, rival claimants and all the interested parties if any, conduct enquiry and dispose the petitioner's representation in accordance with law. The abovesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

09.11.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, Collectorate Building, Krishnagiri District - 635 001.

2. The District Revenue Officer, First Floor, Collectorate Building, Krishnagiri District - 635 001.

3. The Tahsildar, Taluk Office, Hosur Taluk, Krishnagiri District - 635 109.

4. The Revenue Divisional Officer, Revenue Divisional Office, Hosur Taluk, Krishnagiri District - 635 109.

P.VELMURUGAN, J.

mfa 09.11.2023